File discrimination claim

Survey Tell us more about your experience How much do you agree with the following statements in the scale of 1, Strongly Disagree, to 5, Strongly Agree? Strongly Disagree. This page is helpful. This page is easy to use. I am confident that I will find the information that I need. What did you come here to do today? Within 10 days, the EEOC will also send a notice and a copy of the charge to the employer.

At that point, the EEOC may decide to do one of the following:. Once the investigation is complete, they will let you and the employer know the result. If they decides that discrimination did not occur then they will send you a "Notice of Right to Sue.

If the EEOC determines that discrimination occurred then they will try to reach a voluntary settlement with the employer. How long the investigation takes depends on a lot of different things, including the amount of information that needs to be gathered and analyzed. On average, it takes the EEOC nearly 6 months to investigate a charge.

A charge is often able to settle faster through mediation usually in less than 3 months. If your case is successfully resolved by FCHR, it may not be necessary to hire an attorney or file a lawsuit. You probably will be required as to sign a release of your legal claims to resolve your case.

A federal employment discrimination case cannot be filed in court without first going to the EEOC, as discussed above, and having the EEOC dismiss your claim. This process is called "exhaustion" of your administrative remedy.

Similarly, before you can proceed with a lawsuit based on your state discrimination claim, you must file with the FCHR. Florida state law does limit or cap the compensatory emotional pain and suffering damages recoverable for a discrimination claim for private employers, but many Florida attorneys choose to file employment discrimination cases in federal court using federal and state law.

Most cases may be filed in either state or federal court. A case filed in state court using federal law may be "removed" to federal court by the employer because it involves a federal statute, such as Title VII or the ADEA. Apply market research to generate audience insights. Measure content performance. Develop and improve products. List of Partners vendors.

Job Searching Career Advice. By Alison Doyle. Alison founded CareerToolBelt. Learn about our editorial policies. Your Privacy Rights. To change or withdraw your consent choices for TheBalanceCareers. At any time, you can update your settings through the "EU Privacy" link at the bottom of any page. These choices will be signaled globally to our partners and will not affect browsing data. A charge of discrimination is a signed statement asserting that an employer, union or labor organization engaged in employment discrimination.

It requests EEOC to take remedial action. All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with us before you can file a job discrimination lawsuit against your employer. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity.

There are time limits for filing a charge.